Category Archives: Nexus

CA8: Lack of nexus saved by GFE

Even without an adequate showing of nexus, search warrants have been sustained under the good faith exception. This is one of those cases where the inference is close enough. United States v. Mayweather, 2021 U.S. App. LEXIS 10208 (8th Cir. … Continue reading

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W.D.Pa.: SW for drug proceeds properly included jewelry it could have been converted to

A search warrant for drug proceeds properly included jewelry that the officer, in his experience, believed drug traffickers converted cash to. United States v. Thomas, 2021 U.S. Dist. LEXIS 65553 (W.D. Pa. Apr. 5, 2021). The officer here saw a … Continue reading

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CA6: When the question of nexus is close, GFE is the answer

When the question of nexus of probable cause of a crime to a defendant’s home is close, the good faith exception provides the answer. United States v. Reed, 2021 U.S. App. LEXIS 9526 (6th Cir. Apr. 1, 2021):

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DE: Wiretap info in affidavit for SW showed nexus to cell phone

The affidavit showed probable cause for the search warrant, and nexus to his cell phone and the crime under investigation is shown in a wiretap. Anderson v. State, 2021 Del. LEXIS 121 (Mar. 30, 2021).* Defendant did not show a … Continue reading

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S.D.N.Y.: No REP in medical questioning in jail

There is no reasonable expectation of privacy against medical questioning in a jail. Jones v. Quinones, 2021 U.S. Dist. LEXIS 59654 (S.D. N.Y. Mar. 26, 2021). The search warrants for a business that was searched by ICE remain under seal. … Continue reading

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CA6: Driving from home to scene of drug deal is PC and nexus for the home

“To obtain a search warrant under the Fourth Amendment, the police must have “probable cause” that the ‘place’ they seek to search contains the ‘things’ they seek to seize. U.S. Const. amend. IV. Applying this test, we have repeatedly held … Continue reading

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CA3: Nexus shown to def’s home for SW for clothing worn in robbery

When the object of a search is clothing worn during a robbery, there is nexus to defendant’s home. United States v. Ross, 2021 U.S. App. LEXIS 7701 (3d Cir. Mar. 17, 2021). Defendant answered the officer’s knock on the door … Continue reading

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S.D.Ohio: Nexus shown for SW of business premises for drugs

“Applying this standard, the Field Affidavit is clearly not a bare bones affidavit. Intercepted phone calls, physical surveillance and trash pulls, along with information learned from confidential sources, would allow a reasonable officer ‘employing a healthy dose of common sense’ … Continue reading

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S.D.Ohio: GFE overcomes lack of nexus; officer unaware of some facts didn’t commit Franks violation

The Franks hearing established that the officer didn’t know that certain things happened during the investigation, so the officer wasn’t withholding information or misleading the court. Probable cause and nexus is [less than] tenuous: “This evidence, standing alone, does not … Continue reading

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S.D.Ohio: Nexus shown to business from alleged drug transactions outside

Nexus was shown to a business where drug transactions outside appeared to have continued inside, or at least the participants went inside right after. In any event, the good faith exception applies. United States v. Scott, 2021 U.S. Dist. LEXIS … Continue reading

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CA1: SWs are directed at places, too, and def didn’t need to be connected in the affidavit

Defendant made a Franks challenge. Removing the allegedly offending material still left probable cause. Defendant’s argument then was that the remainder still didn’t point to him, but that’s not the law: Search warrants are directed at places, too, not just … Continue reading

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CA10: Nexus shown to AZ residence where additional records were found

A search of a pain management doctor’s Arizona residence was based on nexus to his Wyoming medical practice. The government showed that patient records were in both places. United States v. Khan, 2021 U.S. App. LEXIS 5611 (10th Cir. Feb. … Continue reading

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W.D.Okla. & MA: Nexus can be shown by inference

Nexus also needs only to be shown by a “fair probability” and inference suffices. United States v. Hollis, 2021 U.S. Dist. LEXIS 26387 (W.D. Okla. Feb. 11, 2021):

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N.D.Ind.: Week old crime justified detention on RS

Defendant was a passenger in a car stopped and he was suspected of being involved in a shooting a week earlier. Even this old crime was sufficient for reasonable suspicion to extend the stop. United States v. Seymour, 2021 U.S. … Continue reading

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E.D.N.C.: PC was shown, but not nexus, and GFE does not apply

The affidavit showed probable cause, but it completely failed to show nexus to defendant’s place. It was so deficient in the showing of nexus that the good faith exception cannot apply. United States v. King, 2021 U.S. Dist. LEXIS 18956 … Continue reading

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DE: Texting linked def’s cell phone to murder and was nexus for SW

“Second, the affidavits supported the Magistrate’s determination that there was a nexus between the murder and Defendant’s iPhone. The affidavits averred that Witness 2 texted Defendant throughout the day of the murder.” State v. Wilson, 2021 Del. Super. LEXIS 84 … Continue reading

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MA: Planning of homicide with co-conspirator was nexus for cell phone SW

It was reasonable for the magistrate to conclude that evidence of defendant’s planning of a homicide would be on his cell phone because he communicated with co-conspirators. Therefore, nexus to the phone was shown. Commonwealth v. Snow, 2021 Mass. LEXIS … Continue reading

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GA: Cell phone believed to be on def’s person at time of robbery and murder is subject for SW for evidence of the crimes

The affidavit for the warrant showed probable cause and particularity for search of defendant’s cell phone for evidence of an armed robbery and murder [essentially on the officer’s experience]. The trial court suppressed a pre-warrant search of defendant’s cell phone, … Continue reading

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D.Minn.: When nexus of drugs to a residence is established, it can move with the def

If defendant moves and nexus to his residence and drugs has been established, it is a reasonable inference that the drugs went with the move. United States v. Hudson, 2020 U.S. Dist. LEXIS 246482 (D. Minn. Dec.19, 2020). “On the … Continue reading

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CA3: Pro se ptf stated claim for warrantless entry into his house

The district court erred in summarily dismissing plaintiff’s case at § 1915A screening for failure to state a claim, because he did in the attempted amended complaint. “Edwards alleged that Rice lacked a search warrant when she conducted an investigation … Continue reading

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